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SYSTEMATIC APPROACH TO PERSUASIVE LEGAL WRITING

P.80 study guide. SYSTEMATIC APPROACH TO PERSUASIVE LEGAL WRITING. ASSIGNMENT 1.... Electronic submission Headings may be used! FIRAC Legal analysis = Rule of law + application to facts. CLASS EXERCISE 5.

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SYSTEMATIC APPROACH TO PERSUASIVE LEGAL WRITING

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  1. P.80 study guide SYSTEMATIC APPROACH TO PERSUASIVE LEGAL WRITING

  2. ASSIGNMENT 1.... • Electronic submission • Headings may be used! • FIRAC • Legal analysis = Rule of law + application to facts

  3. CLASS EXERCISE 5 • Using techniques in persuasive writing, draft an unsentimental love letter to your love interest, persuading him/her to marry you. • Avoid sentimentality  remain professional! • No more than 2 paragraphs • Complete on your computer / phone • E-mail your work to me before Thursday 17:00  visserjm@ufs.ac.za

  4. plagiarism

  5. Rubric... • Not too much weight on content, except where boundaries of professionalism crossed

  6. CREATE FAVOURABLE CONTEXT 1

  7. CLIENT’S POINT OF VIEW 2 POW = POWERFUL PERSUASION TOOL • Your loved one’s point of view? • Your point of view?

  8. EMPHASIZE FAVOURABLE FACTS; DE-EMPHASIZE UNFAVOURABLE ONES 3 • AIRTIME  NOT repetition / redundancy • DETAIL  NOT tautology • POSITIONS OF EMPHASIS NB info! • SENTENCE LENGTH Long, clumsy • ACTIVE & PASSIVE VOICE Highlight positive, hide negative • DEPENDENT & MAIN CLAUSES  Highlight positive, hide negative

  9. WORD CHOICE...

  10. Notes on exercise 5... • Punctuation use: • Ellipsis... NOT.................... • Exclamation point! NOT!!!!!!!!!!! • Question mark? NOT??????? • Spaces between words, full stop and new word, after comma • Repetition & redundancy • Clichés & “buzz” words (long time no see) • Can’t Won’t I’ve we’re you’re

  11. Notes on exercise 5... WORK SENT VIA COMPUTER.... Warning, warning, warning Still padding! “I am writing this letter because....” “I write to you because....” Poems... Verbosity Keep tone constant

  12. Notes on exercise 5... • WHY THIS EXERCISE? • Writing outside law  easy; practice techniques • Comfort zone • Failure to address negative issues / weak points • Could decrease persuasive value!

  13. P.80 study guide SYSTEMATIC APPROACH TO PERSUASIVE LEGAL WRITING

  14. EXAMPLE: “DEAR JOHN” LETTER PLANNING PERSUASIVE LEGAL WRITING 20-year old Amy has been going out with Ben for a year and now wishes to end their relationship by sending him a letter. STEP 1: IDENTIFY OBJECTIVES & SUBORDINATE OBJECTIVES STEP 1: MAIN OBJECTIVE – To end their relationship SUB.OBJECTIVE – To remain friends with Ben after ending relationship STEP 2: IDENTIFY STRATEGY & TACTICS STEP 2: STRATEGY – To verbalise her need for “space” over 2 week period, then hand him the letter personally TACTICS – In the letter, clarify that relationship has ended, but place all blame on herself to spare Ben’s self-esteem. Maintain neutral & respectful tone. Avoid the creation of false hope of possible resumption of relationship. STEP 3: REPOV – “RECIPIENT’S POINT OF VIEW” STEP 3: REPOV – Read letter from Ben’s point of view.

  15. If no subordinate intention: letter cold & business-like (p. 81) Rest of p. 81-82  leave Today: Letter of demand Thursday: Heads of argument

  16. TYPES OF PERSUASIVE WRITING: LETTER OF DEMAND & ARGUMENTS

  17. What is a letter of demand? Document sent to possible defendant on basis of your client’s instructions to you Sets out basis of client’s claim Informs defendant that your client will sue unless the defendant does what the letter demands

  18. REASONS FOR WRITING A LETTER OF DEMAND PRIOR TO LITIGATION • Before summons issued to prospective defendant: Issue LETTER OF DEMAND • Defendant may pay / perform / negotiate  Settle • Defendant may raise valid defence • Tactical advantage • Placing defendant in mora(contracts without performance date) • Where combined with an election • Where unliquidated damages are to be claimed • Required by statute (Mandatory – Small Claims Court; governmental organ)

  19. REQUIREMENTS FOR LETTER OF DEMAND • Inform defendant: • What is being claimed • Basis for claim • Result of failure to meet claim in time Claim stated accurately – Dire consequences if not Basis defined clearly & accurately Be clear on what plaintiff intends doing if demands not met

  20. CONTENTS OF LETTER OF DEMAND • Establish MANDATE  Acting on behalf... • Name of plaintiff • Particulars of claim & basis of claim (It is my instructions that...) • Jurisdiction • State facts briefly & concisely • Draw conclusion in law from facts • What defendant is required to do & time for performance • Make demand • Consequences if demand is not met • Nice to know information

  21. MOST IMPORTANTLY… A LETTER OF DEMAND MUST BE… PERSUASIVE

  22. Careful! “…will be vigorously pursued…” “…would be vigorously defended…” Unnecessary! It is legal practitioner’s duty to pursue all actions vigorously Spend time on pointing out why the claim / defence is good

  23. WHEN DRAFTING A LETTER OF DEMAND… • ID OBJECTIVES • STRATEGY & TACTICS • Elements of delict committed • Formal tone throughout letter • Provide sufficient information - But not too much REPOV

  24. Letter of demand – SMALL CLAIMS COURT  Small Claims Court Act 61/1984  Section 29

  25. GENERAL LETTER OF DEMAND

  26. Indicating your mandate Client’s name Basis of claim – concise! Demand Consequences of inaction

  27. CHANCE FAVOURS ONLY THE PREPARED MIND Louis Pasteur Class exercise 6…

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